Kalpana Avinash Dhanke And Others v. State Of Maharashtra, Thr. Collector, Chandrapur And ORS.

2025:BHC-NAG:12991-DB 1 1) WP 4899-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4899 OF 2025 KALPANA AVINASH DHANKE AND OTHERS ...Vs...

STATE OF MAHARASHTRA, THR. COLLECTOR, CHANDRAPUR AND ORS. Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri R.L.Kadu, Advocate for petitioners.

Shri D.P.Thakare, Addl.G.P. for respondent/State. CORAM: ANIL S. KILOR AND RAJNISH R. VYAS, JJ.

DATED : 26th NOVEMBER, 2025.

Heard learned counsel for the petitioners.

2.

In this petition, the following prayers are made:- "I] Hold that the construction of the cement road and drainage by the respondents through the centre of land bearing Survey No. 25/1/1, area 0.28 Hect. of the petitioners in NorthSouth direction, is illegal, II] Direct the respondents to pay the fair compensation to the tune of Rs 1,00,00,000/- towards the loss sustained by the petitioners due to the unauthorized, illegal, forcible and arbitrary construction of the cement road and drainage in land bearing Survey No. 25/1/1 of the petitioners, as early as possible , III] ........"

3.

The first prayer is, to hold that the construction of cement road and drainage by the respondents through the centre of land bearing Survey No. 25/1/1, area 0.28 Hect. of the petitioners in North-South direction, is illegal. Further the prayer is regarding grant of compensation.

2 1) WP 4899-2025.odt 4.

Be that as it may, the petitioners have already issued a legal notice, which is at page 25, dated 28/12/2024, wherein they have raised various issues, which can also be dealt with by the respondents in accordance with law.

5.

Considering the fact that, the issue is not still decided by the respondent authorities, we direct that, the issue raised in a legal notice/representation dated 28/12/2024 be decided by the authorities within a period of eight weeks from today. 6.

Needless to mention that, if the respondent authorities find that the petitioners are entitled for the monetary benefit/compensation, the action of disbursal be taken within a period of four weeks thereafter.

7.

The learned counsel for the petitioners undertakes to produce a copy of this order before the concerned authorities within a period of two weeks from today.

8.

Accordingly, the petition stands disposed of. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) B.T.K.